From: NGLTF@aol.com
Date: Feb 28 1996
PRESS RELEASE
Contact:
Robert Bray
415-552-6448
rbray@ngltf.org
Tracey Conaty
202-332-6483 ext. 3303
tconaty@ngltf.org
MONTANA AND TENNESSEE SCORE RIGHT-TO-PRIVACY VICTORIES; KENTUCKY GAYS BATTLE
ATTACK ON PRIVACY
NGLTF RELEASES NEW EDITION OF SODOMY MAP
February 28, 1996....
Reflecting recent court decisions, this week NGLTF issued a revised
edition of its map and fact sheet of sodomy laws across the country.
Generally, sodomy laws criminalize anal or oral sex between
consenting, adults even in the privacy of their homes. Tennessee and
Montana gay, lesbian and bisexual citizens scored major victories in
the struggle for the right to privacy. Courts in both of those states
found sodomy laws to be unconstitutional.
On January 27, a Tennessee appeals court struck down the state's
sodomy law on grounds that it infringed on a citizen's right to
privacy under the Tennessee state constitution. Tennessee officials
failed to show a "compelling" government interest to intrude on a
citizen's right to privacy. Tennessee's sodomy law, the Homosexual
Practices Act, specifically targets same-sex, consensual sodomy. The
measure remains technically enforceable pending an appeal outcome.
In Montana on February 17, a District court found that state's sodomy
law unconstitutional and granted a permanent injunction against the
law. Like Tennessee, the court found the law in violation of a
citizen's right to privacy under the state constitution. The victory
in Montana is especially significant as it comes only 11 months after
right-wing legislators used the state's sodomy law, the Deviate Sexual
Conduct Statute, as justification for a "gay registration bill." The
bill was defeated after massive public outcry. Montana's 10 year
prison penalty or up to $50,000 fine for violation of its sodomy law
is one of the highest in the nation. The state may still appeal this
decision.
"The tide is turning. Use of sodomy laws to intimidate, harass and
criminalize gay, lesbian and bisexual people is no longer going so
easily unchecked," stated Kerry Lobel, NGLTF Deputy Director. "The
Montana and Tennessee statutes were blatantly discriminatory in that
they only outlawed same-sex, consensual sodomy and not heterosexual
sodomy. We are gratified that at least some courts are striking down
these homophobic and unfair laws," added Lobel.
Sodomy laws are often used to justify discrimination against gay,
lesbian and bisexual people. A notorious example is the Sharon Bottoms
case in Virginia. Last April, the state Supreme Court cited Bottoms'
status as a criminal under the state's sodomy law as one reason for
its decision to grant custody of Bottoms' son to his maternal
grandmother. Just this week that ruling was reaffirmed.
The Kentucky gay, lesbian, bisexual, and transgender community is
currently battling amendments to two bills that would recriminalize
sodomy. The Kentucky Supreme Court struck down the state's sodomy law
in 1992 as unconstitutional.
According to NGLTF's Right to Privacy Map of the U.S., five other
states (AR, KS, MO, OK, and MD) criminalize sodomy only between
persons of the same sex. Fifteen other states have enforceable sodomy
laws on the books pertaining to both same-sex and opposite-sex
partners. Twenty eight states plus the District of Columbia are "free
states."
_________________________________________________________________
To receive an updated NGLTF sodomy map, send $2 to NGLTF/Publications;
2320 17th St. NW; Washington, D.C. 20009 (sorry, prepaid orders only).